IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
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Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
as usual no email from GA chapter.
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Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
Don't worry, your EAD may not be far away.
A lot of people from TSC are getting EAD's. I'm July 2nd filer. I just got an email from Cris that my spouse's EAD card has been ordered.
For those who might be curious: the LUD's on EAD application were 8/19, 8/24, 8/28, 8/29.
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
Don't worry, your EAD may not be far away.
A lot of people from TSC are getting EAD's. I'm July 2nd filer. I just got an email from Cris that my spouse's EAD card has been ordered.
For those who might be curious: the LUD's on EAD application were 8/19, 8/24, 8/28, 8/29.
I will be more than happy to pay $5000 if USCIS allow me to file for EAD and AP after I-140 approval. This way, I can work where ever i want and travel whenever I want. $5000 is nothing to get this kind of freedom. What do you guys think ?
thx.
thx.
Might wanna ask Telekinesis about that. I actually have no 3D knowledge what so ever. I just know how to make it look "flashy".;)
I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
------------------------
Derivative Beneficiaries � Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
----------------------------------------
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
------------------------
Derivative Beneficiaries � Family and Employment-Based
In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or (c) of the Act], the beneficiary�s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The �period that a petition is pending� for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.
----------------------------------------
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Also, forgot to mention, We have both passports with us (old surname and new surname)
Please consult an expert attorney as its a complex case.
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Thanks to everybody who took time to share their opinions here.
Maybe I am missing something here but the green card for this beneficiary was started in 2005. The PD of 2000 is due to a labor-substitution. Aren't those the facts here?
I was referring to the whole inefficient, time consuming immigration process. One does not know how long folks who missed the AUG 17 date have to wait!!
I was referring to the whole inefficient, time consuming immigration process. One does not know how long folks who missed the AUG 17 date have to wait!!
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dvb - Which airport/office did you get this done at? Is there a link to look up? My firm has applied for I-94 extension but it is taking upwards of 6 months for approval so if this can be fixed via a trip to the CBP office I would like to try to do it. Thanks for your input.
Neo
Hi, Even though the dates says its taking 6 or more months, I got it with in a couple of weeks. Just for your information.
Neo
Hi, Even though the dates says its taking 6 or more months, I got it with in a couple of weeks. Just for your information.
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Did you try the walk-in option. Some offices have walk-in option and they do let you in without a Infopass appointment. And also since you think that your case is so serious , did you try to talk the security person explaining him the situation that you are not able to book an appointment for Infopass and let you in for walk-in appointment.
Local offices are usually accomodating if there is a genuine issue.
thanks, i will give a try for this option i did not knew that....thanks again..
Local offices are usually accomodating if there is a genuine issue.
thanks, i will give a try for this option i did not knew that....thanks again..
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I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
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Hi,
I am in the same boat. My EB-2 PERM came for audit on November 28th. We are still waiting to reply by the deadline which is December 19th. I got the same request from DOL(business necessity letter + recruitment efforts). I can only say this, The DOL audit's increased since October 2007 after closing all backlog elimination centers. Almost 50% of cases filed came back for audit. Audit is nothing but just request for documentation. So if you reply for the audit, you can expect a reply within 60 days. I am on my 19th month on H1B.
PERM applied : November 2,2007
PERM audit request: November 19th, 2007
Audit Reply date: N/A
EB-2
India
I am in the same boat. My EB-2 PERM came for audit on November 28th. We are still waiting to reply by the deadline which is December 19th. I got the same request from DOL(business necessity letter + recruitment efforts). I can only say this, The DOL audit's increased since October 2007 after closing all backlog elimination centers. Almost 50% of cases filed came back for audit. Audit is nothing but just request for documentation. So if you reply for the audit, you can expect a reply within 60 days. I am on my 19th month on H1B.
PERM applied : November 2,2007
PERM audit request: November 19th, 2007
Audit Reply date: N/A
EB-2
India
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I am under the impression that atleast in Illinois, the local law enforcement (police) CANNOT ask for the legal status or check any documents if it is a routine traffic stop or just pull you over and then ask for the documents. I know for a fact as this had become a big issue at one of the Chicago's northern suburbs recently and was in news for quite some time. There were two sections of citizens who wanted police to check and others (ACLU) argued that legal status was a federal jurisdiction and the local law enforcement were not authorized to check and violated the rights.
I think only ICE or CBP can ask that and how many of them are around in cities/ towns far away from the border?
I assume the same is true with other Police Depts.
I think only ICE or CBP can ask that and how many of them are around in cities/ towns far away from the border?
I assume the same is true with other Police Depts.
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Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
because its illegal to work for an employer you are not authorized to work for.
because its illegal to work for an employer you are not authorized to work for.
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Hi sbind
how to get Permanent Resident stamp on my passport. is it though INFOPASS . can you please give some details which option to select 1 or 2? and when we will approximately get info pass appoint ment if we book today?
Option 1)You need Service on a case that has already been filed
Option2 )You are a new Permanent Resident and have not yet received your Permanent Resident Card
and asso what are the documents they will ask at the time of infopass.
Thanks
sss
how to get Permanent Resident stamp on my passport. is it though INFOPASS . can you please give some details which option to select 1 or 2? and when we will approximately get info pass appoint ment if we book today?
Option 1)You need Service on a case that has already been filed
Option2 )You are a new Permanent Resident and have not yet received your Permanent Resident Card
and asso what are the documents they will ask at the time of infopass.
Thanks
sss
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My application reached USCIS on Aug 14th.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
How do you guys get to track the status online, do you get the receipt and then track it online.
I am from arizona and dont know which place my lawyer filed the I 485 app with EAD and AP. Is it that applications from arizona go to a specific location so that i can go to USCIS website and get some approximate date.
Please do let me know.
Thanks.
Yes, you create an online account on https://egov.uscis.gov/cris/jsps/login.jsp with the provided receipt numbers.
You can also choose to get email notifications every time there is a change in status for any of your applications.
Hello Sleuths,
:) I appreciate your logical thinking and attention to detail! Yes, I've a worldwide roaming cell phone whose number is listed in Bay area, but I can receive calls wherever cellphone signal reaches.
I had included my cell phone number in my letters to IO earlier and he first called my office number and then tried my cell.
Hope the IO was not just checking if you still work for the employer you listed in your application. Not finding you in your office, and your telling him that you are out of country for an extended period may raise some flags.
:) I appreciate your logical thinking and attention to detail! Yes, I've a worldwide roaming cell phone whose number is listed in Bay area, but I can receive calls wherever cellphone signal reaches.
I had included my cell phone number in my letters to IO earlier and he first called my office number and then tried my cell.
Hope the IO was not just checking if you still work for the employer you listed in your application. Not finding you in your office, and your telling him that you are out of country for an extended period may raise some flags.
Here is a link to a USCIS memo regarding errors on I-94 : http://www.uscis.gov/files/pressrelease/I94Errors033004.pdf
Note that this does not cover errors made by CBP (Customs and Border Patrol).
Here is what CBP has to say @ this link http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml ->
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .
-----------------
One finger pointing to the other ... :rolleyes:
Anyway, I am trying to contact my local airport CBP to see if anything can be done.
-
DVB
Note that this does not cover errors made by CBP (Customs and Border Patrol).
Here is what CBP has to say @ this link http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml ->
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .
-----------------
One finger pointing to the other ... :rolleyes:
Anyway, I am trying to contact my local airport CBP to see if anything can be done.
-
DVB
